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Summary: Hearing 13
At the hearing, defendant Shamil Abdulaliyev’s lawyer Zibeyda Sadigova filed a motion to replace her client’s pre-trial detention with house arrest in light of his health, walking difficulties and pains and to separate his case and to suspend the proceedings on it in order to allow for his treatment;
Due to Elchin Tagiyev’s frequent “I do not remember” reply to many of the lawyers’ questions, lawyer Nemat Karimli filed a motion to have him undergo psychiatric medical examination to determine his ability to perceive the events of the day of the incident. The motion was not granted;
Chief operations officer of Main Organised Crime Department (MOCD) of the Ministry of Internal Affairs Shahlar Jafarov, who is a victim and witness in the case, said the defendants had not been tortured.
Baku Grave Crimes Court, chaired by Judge Alovsat Abbasov, held a preliminary hearing on the criminal case of Muslim Union Movement’s Chairman Taleh Bagirzade, Jabrayilov Rasim Mirzababa oglu, Mustafayev Zakir Tapdig oglu, Jabbarov Jabbar Amirkhan oglu, Babakishizade Jahad Babahuseyn oglu, Abdulaliyev Shamil Adil oglu, Ismayilov Agil Azer oglu, Yariyev Ramin Maharram oglu, Guliyev Abbas Abdulrahman oglu, Khudaverdiyev Ibrahim Mammad oglu, Ismayilov Etibar Rasim oglu, Asgarov Bahruz Rahib oglu, Nuriyev Ali Hasrat oglu, Valiyev Alibala Javad oglu, Balayev Farhad Nasraddin oglu and Tagizade Abbas Hafiz oglu, who are charged under Articles 120.2.1 (homicide, committed by a group of people, a group of people on preliminary arrangement, an organised group or a criminal community/organisation), 120.2.3 (homicide, of the victim or his close relatives in connection to performance of service or public duty by the victim), 120.2.4 (homicide, committed with special cruelty or in publicly dangerous way), 120.2.7 (homicide, of two or more persons), 120.2.12 (homicide, with the motive of national, racial, religious hatred or enmity), 29 (attempted crime), 214.2.1 (terrorism, committed by a group of people on preliminary arrangement, an organised group or a criminal community/organisation), 28 (preparing to commit a crime), 214.2.3 (terrorism, committed with use of fire-arms or objects used as a weapon), 214-2 (open calls for terrorism), 220.2 (incitement to active insubordination to lawful demands of a representative of authority and to mass disorders, as well as to violence against citizens), 228.3 (illegal acquisition, transfer, selling, storage, transportation or carrying of fire-arms, their accessories, supplies and explosives, committed by an organised group), 228.4 (illegal acquisition, selling or carrying of a gas weapon, cold steel, as well as a throwing weapon, except for places where carrying of a cold steel is an accessory of a national suit or is connected to hunting), 278 (violent seizure or retention of power), 279 (creation of armed formations or groups not provided for by the legislation), 281.2 (public appeals directed against the state, committed repeatedly or by a group of people), 283.2.3 (instigation of national, racial, social or religious hatred and hostility, committed by an organised group), and 315.2 (resistance to or use of violence against a representative of authority) of the Criminal Code, Huseynov Abbas Mammadbagir oglu, who is also charged under Article 233 (organisation of actions violating public order or active participation in such actions) of the Criminal Code in addition to the above charges, and APFP Deputy Chairman Fuad Gahramanli, who is charged under Articles 220.2 (making calls for active insubordination to lawful requirements of representatives of authority and for mass disorders, as well as violence against citizens), 281.2 (public appeals directed against the state, committed repeatedly or by a group of people) and 283.2.1 (instigation of national, racial, social or religious hatred and hostility, by using or threatening to use violence) of the Criminal Code. An armed incident occurred between a group of believers and policemen in Nardaran settlement of Baku on November 26, 2015, during an operation conducted by the police. According to official reports, the shootout resulted in the death of six, including two police officers. Taleh Bagirzade, the leader of the Muslim Union Movement, and several believers were detained as part of the operation. A criminal case has been launched on the fact and is investigated by the Prosecutor General’s Office of Azerbaijan Republic. Fuad Gahramanli was arrested on December 8, 2015. His lawyer Yalchin Imanov said that Fuad Gahramanli was arrested due to his Facebook posts and his case was merged with the criminal case of the people arrested over the Nardaran incidents.
At the hearing, defendant Shamil Abdulaliyev’s lawyer Zibeyda Sadigova filed a motion to replace her client’s pre-trial detention with house arrest in light of his health, walking difficulties and pains and to separate his case and to suspend the proceedings on it in order to allow for his treatment.
Commenting on the motion, the public prosecutor asked the court to reject it.
Due to victim and witness Elchin Tagiyev’s frequent “I do not remember” reply in response to many of the lawyers’ questions at the previous hearing, lawyer Nemat Karimli filed a motion to have him undergo psychiatric medical examination to determine his ability to perceive the events of the day of the incident.
In accordance with the judge’s decision, none of the motions was sustained.
Questioning of a victim:
Shahlar Jafarov, chief operations officer of Main Organised Crime Department (MOCD) of the Ministry of Internal Affairs who is a victim and witness in the case, testified at the hearing.
“At around 10 am on November 26, an operational meeting was held at the Department. Information had been received that Taleh Bagirzade was creating an armed group and supplying it with weapons to change the constitutional structure of the state. An operational team was formed in connection with the received information, and together with the witnesses invited for the verification of this information an operational position was taken upon arrival at the proximity of House 2, Lane 5 located in Nardaran settlement, Sabunchu district, Baku at around 12.15pm. After determining in which house Taleh Bagirzade was, I jumped into the yard over the fence. A fire was shot, and we repeatedly made warnings. But despite the warnings, the shooting was not stopped. We also opened fire. It took nearly 15 minutes to render the criminal group harmless. I personally neutralised Jabbar Jabbarov and his pistol was sealed. All of them were placed into the vehicle and the incident scene was inspected. Explosives, Molotov cocktails and ammunition were found in the rooms and in the yard. Balayev Akbar was lying on the floor in the doorway. The weapons, ammunition and explosives were encased, and we went to the Main Organised Crime Department,” Shahlar Jafarov said.
Further on, Shahlar Jafarov responded to questions. The public prosecutor quoted the defendants as saying that they had been subjected to torture both upon detention and at the MOCD and pointing Jafarov out as one of those who had tortured them. Jafarov replied that neither he nor his colleagues had tortured the defendants.
Responding to lawyer Yalchin Imanov’s question ‘How is it that you did not film such a special operation’, Jafarov said ‘I cannot say why. The management may know.”
The lawyer then asked ‘You are testifying as a victim; what damage have you suffered?’ “Moral damage, I could be one of those who died,” Jafarov answered.
After that, lawyer Yalchin Imanov asked Taleh Bagirzade whether he knew Jafarov.
“Of course, I know him. He participated in the Nardaran operation. When they were transporting us in the furniture truck, he was one of those who beat Farahim Bunyadov to death. He was shouting very obscene profanities. He was one of those who tortured me to extract a statement against the National Council, Jamil Hasanli and Ali Karimli. He would put a bag over my head, bring me to the cellar and inflict savage torture on me. He was talking and swearing so much that I knew him by his voice. I’d rather he electrocuted and killed me than cursing the way he did,” Taleh Bagirzade said.
Shahlar Jafarov said what Taleh Bagirzade was saying was a lie.
The other defendants also stated that Shahlar Jafarov had tortured them, and then they used strong language against him. The defendants and Shahlar Jafarov threw plastic water bottles at each other. Relatives of the defendants also swore at Jafarov.
The judge stopped the hearing by saying that the defendants were ignoring his repeated warnings.
The next hearing on the case was set for September 7, 10.00am.